LEX DIGITALIS VS RULE OF LAW

digital constitutionalism in social media

Abstract

Digital constitutionalism emerges as a new ideology that aims to translate principles and values of contemporary constitutionalism into the changing context of the digital society. Digital constitutionalism informs a continuous process of constitutionalisation, which currently affects not only the state dimension, but operates simultaneously at multiple levels. The constitutionalisation of the social media environment represents as one of the different responses that the constitutional ecosystem is generating to face the issues raised by the digital revolution. The article investigates how the rule of law, a value that emerged in state constitutionalism, can help guide the process of constitutionalisation of the social media environment. It will focus on two problematic aspects that currently affect social networks: the standards and review mechanisms that govern the moderation of on-line content. Assessing the level of progress achieved so far, the article examines the extent to which the codification and judicialization of the "lex digitalis" are more than ever crucial to preserving fundamental rights in the social media environment.